VOTE - FRI May 16, 2025 - @Pool Deck 6PM
Join us at the pool deck for the election count. We'll be simultaneously kicking off summer with happy hour drinks and snacks!
If you need a spare ballot, please request one with the Voting Inspector listed below.
Out of town?
Want to make sure your vote still counts if it doesn’t arrive? No problem. Just fill out this conditional proxy form: https://docuseal.com/d/5An1pjyF2t4NtC We pre-filled a proxy holder for convenience, but you can name anyone attending. Reminder: not voting = no.
Voting Inspector:
Michele Oviedo (Member)
Mjoviedo130@gmail.com
Unit 48
Rules URL: https://ccrs.themooring.info/rules
Questions: 501ccrs@googlegroups.com
Final Draft, Townhall & Vote
The final drafts of our restated governing documents are now complete! Next, we will hold a town hall to discuss any significant proposed updates with the community. After that, the restated documents will be brought to a community vote. See below for upcoming important dates!
Upcoming Important Dates:
Notice of Voter List Correction Deadline Sent - Mar 7th
Community QA TownHall - March 22nd - Sat @10a - Pool Deck
Voter List Correction Deadline - Apr 6th (corrections for names/address/etc)
Ballot + Restated Docs Sent - Apr 9th
Voting Deadline + Count - Fri May 16th @6p Pool Deck
Voting Inspector:
Michele Oviedo (Member)
Mjoviedo130@gmail.com
Unit 48
Rules URL: https://ccrs.themooring.info/rules
Questions: 501ccrs@googlegroups.com
Draft 4
We have received the fourth—and hopefully final—draft of our restated CC&Rs. In addition to incorporating requested corrections and changes from previous versions, this draft includes updates to align with recent changes to the California Civil Code.
Notably, Civil Code Section 4775(a)(2) states:
“Unless otherwise provided in the CC&Rs…the association is responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest."
See Sections 6.2(g), 6.3(h), and 6.3(n), as well as the updated chart numbers 16, 17, 45, 53, 54, 61, and 62.
As always, your careful review and feedback on these drafts is very much welcomed and appreciated!
Draft 3
Here's the third draft from A|S. We were good with the Bylaws from Draft 2. So this is CCRs only. Any assistance in reviewing this document would be appreciated. We processed a document comparison for everyone's convenience to highlight any new changes.
As with Draft 2, please keep in mind that any further changes are billed hourly.
Draft 2
Here's the second draft from A|S. Any assistance in reviewing this document would be appreciated. Please note that any changes will be made at the attorney's hourly rate.
Update
We have provided A|S input on all outstanding items from the first draft (Nov 21)
With follow-up research regarding the outstanding insurance section of our CCRs, we've asked the attornies to keep the HOA responsible for all utility lines within the walls. After careful consideration, it raised several issues our community is keen to avoid, such as:
Potential lawsuits between neighbors.
Insufficient or lack of required insurance among homeowners.
Complicated or denied insurance claims, leading to finger-pointing between firms.
The risk of creating a hostile or toxic community environment.
Notes from our meeting with the A|S on the first drafts.
HOA/Owner Responsibilities:
Our attorneys suggested a significant change in our CC&Rs to shift the responsibilities of exclusive use utilities onto the owners. Their rationale was to ensure the HOA isn't obligated to acquire an insurance policy it can no longer afford if premiums keep rising. Carefully evaluating the options, our committee's current position is still leaning towards maintaining our current status quote of keeping the HOA responsible for water and drains within shared walls. We have a meeting with a licensed adjustor where the community can ask additional questions to evaluate our options further (Tues. Oct 29)
Windows:
Given that many homeowners have already upgraded their windows, the most equitable solution is to transfer the responsibility for repairing and maintaining all windows components to the owners. This approach:
Encourages owners to upgrade their units without penalty, increasing all property values.
Encourages owners to utilize the lifetime warranty of their upgraded windows.
Prevents membership funds from being used for owner-initiated improvements.
Addresses issues with disclosures when units are sold.
The original construction windows have had little to no issues, so the impact to owners with original windows should be minimal.
Here's a copy of the first draft, with notes from our attorney conversation.
Thank you to all those who showed up to our second community session:
The conversation during this session again focused on insurance and HOA/Homeowner responsibilities. So that we as a community can make an informed choice on how best to move forward, we will get insurance quotes, ask tough questions with our attorneys, and diligently weigh the pros and cons of the approaches below (from Oct 2 Update).
Specific to the legalese of the CC&R and By-laws, these are the PDFs with consolidated questions and comments shared with our attorney for discussion. If you have any additional input, please chime in by October 10!
Thank you to all those who showed up to our first community session:
The conversation focused on HOA/Homeowner responsibilities. We all have some work to do to determine which option will most benefit our membership.
ROUTE A) [Attorney Suggested] Owners take on more responsibility: all unit-serving utilities, lines, and plumbing become their responsibility.
Lower HOA dues
Potentially lower risk of incident: 3/units (shared walls) vs. assuming risk for all 75 units
More complicated claims (3 or more policies figuring out who pays what)
Coverage requirements for homeowners increased.
Freedom to use the contractors and vendors you like.
Substantially lower our Reserve Requirements & need for Special Assessment
Having insurance pay water damage claims instead of self-insuring 1/75th of all claims. Are homeowner deductibles more reasonable?
ROUTE B) Keep it as similar as possible to how it currently is.
ROUTE C) HOA takes on more responsibilities. (need to check feasibility)
Increased HOA dues
Simpler claims / can leverage the whole policy.
Coverage requirements for homeowners reduced. (Contents & Improvements)
What would HOA deductibles look like for leaks and water damage?
We'll post consolidated notes of both meetings after the Saturday, Oct 5 session.
Community Sessions to discuss first draft now include:
Wed, Oct 2 @ 5:30p - Pool area
Sat, Oct 5 @ 11:00a - Pool area
With the first draft sooner than anticipated, we'll move up our first live session to discuss comments and concerns at Oct 2 @ 5:30p - Pool area.
We have received the first draft of the revised governing documents from A|S, which includes several significant changes we had not anticipated. As one of California's premier HOA legal firms, we are reviewing their recommendations with an open mind, and we hope you will do the same. While many of these changes will likely benefit our membership, they warrant thorough discussion within the community.
A quick note regarding the pet/dog breed section: A|S provided a more restrictive option for our consideration, but we already anticipate removing those provisions.
A|S usually takes 6-8weeks to draft the first draft.
A session to review the first draft has been tentatively set for October 21, 2024. Please check and/or subscribe to the calendar for sessions.
Our initial questionnaire was submitted to A|S.
Thanks to all who participated in the Aug 1 Session! Like previous CCR efforts, key takeaways from the meeting and online discussion board were ensuring a clear and appropriate shift of responsibility regarding owner remodels/modifications and equitable access to guest parking lots.
Questionnaire Session Thur Aug 1 @ 5:30p - Pool Area
The Mooring received the restatement questionnaire from the A|S legal council. To request a copy, please email 501ccrs@googlegroups.com.
The City of Hermosa pulled a voluminous amount of records they have on file for The Mooring and is asking for an appropriate timeline to fulfill the request. Mooring has requested the documents within 3 weeks or in tranches as the documents become available.
Working with City of Hermosa receive copy of all public records on file for The Mooring.
Mooring Board approved invoices to officially start the restatement project with Adams Stirling. The scope of work includes CCRs and Bylaws.